Here is my latest in the Pierre Capital Journal. Here's the teaser before you read the whole thing:
According to religious freedom attorney Douglas Laycock, these RFRA laws were always intended to protect groups and businesses as well as individuals. Arizona was simply attempting to codify this understanding of the law.
But Mr. Laycock has noted in other contexts that these are dark days for religious liberty. Because of the clear conflict between same-sex marriage and the deep religious beliefs of many Americans, religious liberty conflicts are on the rise. We are already seeing business owners being sued successfully for refusing to work same-sex weddings and people are losing their jobs because of their traditional beliefs regarding marriage and homosexuality.
There is growing concern, well founded in my view, that same-sex marriage will be used as a bludgeon to force all dissenters into conformity. There is some precedent in law that religious schools, hospitals, social service organizations, and other entities can be stripped of licensures and legal privileges (such as tax exempt status) for reasons of “public policy.” Laycock, himself a same-sex marriage advocate, notes support for religious liberty is at an unprecedented low due to the growing support of same-sex marriage over religious liberty. Increasingly the law is saying sexual liberty is more fundamental than religious liberty.